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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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HI My daughter has a baby (13 months). Her partner has left

Resolved Question:

HI My daughter has a baby (13 months). Her partner has left and lives 2 hours away by train (only transport). He is just starting university course. He used to have the baby on a tuesday but as of today said he wont do that but want overnight access at weekends.
he pays no maintenance
my daughter is distraught and thinks teh environment and distance will be unsuitable for her daughter. can she restirct access to days only (not overnight)
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Where has contact taken place up until now?
Clare
Customer: replied 2 years ago.
He comes to my daughters flat
He has taken her to his sisters house which is bus journey Or stayed in my daughters flat while she is at work
He has let her down a few times. Saying he is I'll
I know he has a history of smoking weed but can't prove he still does. He would say he doesn't
He shares his flat with another student. A male friend
He the ex partner has a new girlfriend too
He has no cot and expects to take the baby's toys from my daughters house
We think the disruption to the baby would be huge at this age. Already in nursery 3 days and now contend with away from mum and home for 1 or 2 nights every other weekb
Expert:  Clare replied 2 years ago.
Hi
Has the baby ever spent a night away from Mum so far?
Would he be able to stay with his sister with the baby?
Clare
Customer: replied 2 years ago.

She has stayed with her ex-partner and his sister on 2 occaisions ()for 1 night) He asking for Friday to Sunday ~(2 nights)

His sister's house has 3 children, his sister and her partner and her expartners mother. It a small house. One of the children (although very nice) has diagnosed behavioural issues (i think aspergers) and is prone to temper tantrums (he has not threatened the baby in anyway)

I dont think he would want to use his sisters house as a perm solution

Expert:  Clare replied 2 years ago.
Hi
How recent have the overnights been?
Clare
Customer: replied 2 years ago.
In august. Once with the ex partner and once with her aunt. Only times.
He also now saying he wants every weekend
Expert:  Clare replied 2 years ago.
Hi
Please do not worry - whilst overnight contact is likely no court will give him every weekend - your daughter too is entitled to weekends with her baby.
So far as the actual overnight contact is concerned if the baby has only spent a total of two nights with him so far then it is reasonable for your daughter to suggest alternate weekends with overnights on the saturday PROVIDED he proves that he has the appropriate baby equipment - and the first couple of time it is at his sister's house.
One this is well establishes then a second night can be introduced.
The focus should always be on the needs of the child - and your daughter may fins assistance here
http://theparentconnection.org.uk/
She should offer to discuss arrangements with her ex using Family Mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details
Claire
Clare and other Family Law Specialists are ready to help you